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Search results for: madras hc

Madras HC's Order for Duraiswamy Kumaraswamy

Madras HC Permits FTC Claim as Form-67 Filed After ITR But Just Before Intimation

The Madras High Court has approved the Foreign Tax Credit (FTC) claim based on the submission of Form-67 after the Income Tax Return (ITR) filing but before receiving an intimation, deeming it as compliant. Justice Krishnan Ramasamy’s bench noted that initially, the returns were filed sans the FTC, but it was submitted before the final […]

Madras HC's Order for M/s Parle Agro Pvt. Ltd.

Madras HC: GST Council Does Not Have Authority to Classification of Flavoured Milk, 5% Slab Applicable

The Madras High Court ruled that the GST Council doesn’t have the authority to determine the classification of flavoured milk while providing relief to Parle Agro regarding its taxability. In a recent judgment, a single judge bench declared that flavoured milk should be subject to a 5 percent GST rate. This contrasts with the GST […]

Madras HC’s Order for M/s.Shewil Trading Company

Madras HC Orders Departmental Investigation into Unauthorized Use of Login ID, Enabling GST Evasion

The Madras High Court has instructed the state tax officer to probe the misuse of login IDs linked to potential tax evasion by unidentified individuals. Justice C. Saravanan’s bench noted the petitioner’s claim of a third party exploiting their login ID to file returns and funnel a substantial input tax credit to this unauthorized entity. […]

Madras HC's Order for M/s. Caterpillar India Pvt. Ltd.

Madras HC: No Tax Recovery As Per Differences B/W GSTR 1 & 3B Without Following CGST Rule 88C

In the case of M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai [WP No. 28092 of 2023 dated September 25, 2023], the Madras High Court granted the writ petition, affirming that recovery based solely on variations between Form GSTR-1 and Form GSTR-3B is impermissible without adherence to the prerequisites outlined in Rule 88C […]

Madras HC’s Order for G.K.Reddy

Madras HC Orders CBDT to Release Attachment on Taxpayer’s Pension Account Considering Age and Health

The Madras High Court has ordered the income tax department to release the attachment on the pension account of the taxpayer, taking into account the individual’s age and health condition. This directive was issued by the bench composed of Justice R. Mahadevan and Justice Mohammed Shaffiq. They issued the order after observing that the entire […]

Madras HC's Order for M/s. Veeram Natural Products

Madras HC Sets 12% GST Rate on Aluminium Foil Container

In a recent ruling, the Madras High Court has determined that the Aluminum Foil Container is subject to a 12% Goods and Services Tax (GST). The petitioner, M/s. Veeram Natural Products is a partnership firm involved in the production and distribution of Aluminum Foil Containers and Aluminum Foil in Roll Form, as well as Plastic […]

Madras HC's SRM Engineering Construction Corporation Limited

Madras HC Grants Permission to File an Appeal After Period If Unable to Visit the GST Portal

The Madras High Court recently granted permission to a company to submit a Statutory Appeal against an Assessment Order issued by the Assistant Commissioner (ST) (FAC), despite the expiration of the appeal’s time limit. This decision was made in light of the company’s inability to access the notice on the GST portal. Justice C Saravanan […]

Madras High Court's Order for M/S.Sri Renga Timbers

Madras HC: Petitioner Wrongly Filed a GST TRAN-1 Form Twice Credit Can’t Be Rejected

The Hon’ble Madras High Court has set aside the order issued by the Adjudicating Authority in the case of M/s. Sri Renga Timbers v. The Assistant Commissioner (ST) (FAC) [W.P. No. 22854 of 2023, August 17, 2023]. The court affirmed that legally availed credit cannot be refused, even if there were errors committed twice in […]

Madras HC’s Order for Tvl.Raja Stores

Madras HC: GST Audit Limited to Registered Firms and Cannot Occur After Business Closure U/S 65

GST Audit under Section 65 of the Central Goods and Service Tax (CGST) Act, 2017 cannot be conducted after business closure, and can be performed only on registered entities, Madras High Court in a ruling witnessed. The applicant, Tvl.Raja Stores is a partnership firm doing business in the name and style of Raja Stores, which […]

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